Madras High CourtWP(MD)/13839/2022disposed of

Path Rose v. The Executive Officer

2022-07-28Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.9835 of 2022 Path Rose ... Petitioner Vs.

1.The Executive Officer, Kappiary Town Panchayat Office, Kappiary, Nagercoil, Kanyakumari District.

2.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.318/46A, Water Tank Road, Nagercoil 629 001.

3.The Assistant Director (Panchayat), (Panchayat Unions), Kanyakumari District, Nagercoil.

4.The Assistant Executive Officer, Town Panchayat Office, Nagercoil Circle, Collector Office Campus, Kanyakumari District.

5.The District Collector, Kanyakumari District.

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6.S.Supas ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents No.1 to 5 to initiate proper action against the 6th respondent based on the notice 1 to 3 respondents Notice of 4 to 5 respondent.

For Petitioner : Mr.K.Anand For Respondents : Mr.N.GA.Natraj, Government Advocate for R1.

Mrs.Vijayakumari Natarajan, Standing Counsel for R2.

Mr.K.Balasubramani, Spl. Government Pleader for R3 to R5.

Mr.K.Ragatheesh Kumar for R4.

ORDER

Heard the learned counsel on either side.

2.The case of the writ petitioner is that the sixth respondent is carrying on his commercial activities without getting proper permission. He therefore wants the authority to take action against the sixth respondent. 3.When the matter was taken up for hearing, the learned counsel for the sixth respondent submitted that he has since closed his water wash service 2/4

station and that he would reopen the same only after getting prior permission from the concerned authorities. I make it clear that before the concerned authorities consider the application of the sixth respondent, the writ petitioner will be put on notice.

4.With this direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 28.07.2022 Index : Yes / No Internet : Yes/ No ias To:

1.The Assistant Director (Panchayat), (Panchayat Unions), Kanyakumari District, Nagercoil.

2.The Assistant Executive Officer, Town Panchayat Office, Nagercoil Circle, Collector Office Campus, Kanyakumari District.

3.The District Collector, Kanyakumari District.

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G.R.SWAMINATHAN, J.

ias 28.07.2022 4/4